“Defendants Remain Presumed Innocent” — NDLEA Opens Trial Of Businessman, Two Others Over Alleged Possession Of 322kg Tramadol

The National Drug Law Enforcement Agency has opened the trial of businessman, Chief Ukatu Afamefuna Mallinson, and two others before the Federal High Court in Lagos over alleged conspiracy, unlawful possession and trafficking of 322 kilograms of Tramadol.

Mallinson is standing trial alongside Pius Enidom and Sunday Ifeanyi Ibekwute before Justice Yellim Bogoro in charge number FHC/L/159C/2021.

The defendants had earlier been arraigned in 2022 and pleaded not guilty to the charges.

The trial commenced before Justice Bogoro following the transfer of the former trial judge, Justice Peter Lifu, to the Abuja Division of the Federal High Court.

According to the charge, the NDLEA alleged that the defendants conspired among themselves on or about May 4, 2021, at Ikeja, Lagos, to possess 322 kilograms of Tramadol without lawful authority.

In one of the counts, the agency alleged that Enidom, Ibekwute and Mallinson conspired to possess the prohibited substance, an offence said to be contrary to and punishable under Section 14(b) of the National Drug Law Enforcement Agency Act, Cap N30, Laws of the Federation of Nigeria, 2004.

The prosecution further alleged that the three defendants knowingly possessed the 322 kilograms of Tramadol without lawful authority, contrary to and punishable under Section 11 of the same Act.

At Monday’s proceedings, the prosecution team, led by Barrister Adekunle Adebajo and Barrister Owoyomi, informed the court that the matter was fixed for commencement of trial and called its first witness.

The witness, Mr. Dogo Hyelda Moses, an operative of the NDLEA, testified on the role he played after the defendants and exhibits allegedly recovered during the operation were handed over to him.

Moses narrated how the suspects and exhibits were brought before him as part of the agency’s investigative process and explained the steps he took in handling the defendants and the recovered items.

He was thereafter cross-examined by defence counsel, including B.C. Igwilo, SAN, as well as Omon Omofoma and Ayowande Olatunji, who appeared for the defendants.

The commencement of evidence marks a major development in the criminal proceedings, which have been pending since the defendants were first arraigned several years ago.

Following the conclusion of proceedings, Justice Bogoro adjourned the matter until November 5 for continuation of trial.

The prosecution is expected to call additional witnesses as it seeks to establish the allegations that the defendants conspired to possess and unlawfully possessed 322 kilograms of Tramadol.

The defendants, however, maintain their innocence and remain presumed innocent until proven guilty by the court.

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